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Afifa Sultana Vs. Judge, Artha Rin Adalat and others, 2011, 40 CLC (HCD)
....e - For the Petitioner. Md. Imam Hasan, Advocate - For the Respondent No.2. Writ Petition No.2617 of 2010. Judgment Zinat Ara J.- In this rule nisi, the petitioner called in question the legality of the judgment and decree dated 17-2-2004 (decree signed on 23-2-2004, Annexure-D and E to......as to costs. The order of stay granted earlier by the Court stands vacated. Communicate the judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 354. ..Category: Civil Law | Date: | Hits: 269
Anwar Ali Vs. State, 1987, 16 CLC (HCD)
....ase in the Court of the District Judge and applied to be added as a party, but his apÂplication was rejected. When Mr. Karim, Manager, Bangladesh Shilpa Bank, Pabna and Mr. A. Razzaque, Advocate and legal Advisor of the Shilpa Bank were allegedly making preparation to start an execution case for ex......ction. 16(3) read with section 16(I) (a) of the Special Powers Act. He may be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 450. ..Category: Criminal Law | Date: | Hits: 108
Dr. Suraiya Hossain Vs. Taherunnessa, 1988, 17 CLC (HCD)
....titled to receive back the said amount when vacant possession would be handed over. 6. The tenancy continued and there was no trouble but at the later part of the tenancy trouble started. From the legal notice, Ext.A it appears that on 17.8.83 a notice was issued upon Dr. Suraiya at 19, Kakrail, ......282 it appears that his Lordship of that single Bench did not differ with the view taken in the case reported in 22 DLR at page 56. In that case reported in 25 DLR 282 it was also a quesÂtion of the status and the position of the tenant by holding over, and a question as to whether holding over is ..Category: Property Law | Date: | Hits: 88
Jalaluddin Vs. Bangladesh, 1989, 18 CLC (HCD)
....s been filed on behalf of the respondents denying the material allegaÂtions made in the writ petition. 5. Mr. Md. Hannan, learned Advocate for the petitioner, submits that the notifications are illegal, because the areas which have been declared as urban area ought to have been included in the S......present case the last notification unÂder section 3(1) of the Pourashava Ordinance was isÂsued on 8.9.87 and thereafter no step was taken. Considering the conditions, anxieties, precarious and dual status of the people of the aforesaid urban area, it is desired that the authority concerned should ..Category: Property Law | Date: | Hits: 108
....rance companies-respondents.
8. Being aggrieved, it is the claimant-appellant who has preferred these three Letters Patent Appeals aforestated. It is his case that the learned Single Judge acted illegally in holding that the Arbitrator had no authority to determine the liability of the inÂsurers......lt all the three appeals are disÂmissed but in the facts and circumstances of the case we direct the parties to bear their own costs.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 125.
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Category: Business or Commercial Law | Date: | Hits: 290
Emdadul Hoque Miah Vs. People's Republic of Bangladesh, 1989, 18 CLC (HCD)
....nt and Co-operative, Local Govt. Division vide Memo No.Sha 8/IP-277/87/174 (Annexure 'A') suspending the petitioner from the office of Chairman of Mithapukur Upazila Parishad should not be declared illegal and to have been made without any lawful authority and is of no legal effect. 2. In the Wri......ted 17.10.87 is illegal and has been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 110...Category: Others | Date: | Hits: 175
Lal Miah Vs. Fazlul Haque Bhuiyan & Others, 1989, 18 CLC (HCD)
....f imprisonment exceeding twelve months and still serving the sentence, or possibly holdÂing an office of profit under the Crown. If, howÂever, the disqualification is not notorious and deÂpends on legal argument or upon complicated facts and inferences it would appear that even though the candida...... to be void and the election authorities are directed to hold fresh election for the post of Chairman of the concerned Union Parishad. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 105. ..Category: Election Law | Date: | Hits: 187
National Bank Ltd. Vs. Haroon Malik and Others, 1989, 18 CLC (HCD)
....a declaration that the license dated 22.3.83 issued by the Bangladesh Bank, Banking Control Department to the present sponsors of National Bank Ltd. without the plaintiff as the original sponsor is illegal, mala fide and is of no legal effect. 3. The sum and substance of the plaintiff’s suit wa......he suit. Secondly, the BanÂgladesh Bank issued licence on 22.3.83 in favour of the defendant-petitioner, a public Limited Company, and not to an individual and, therefore, the plaintiff has no legal status or vested right to file a suit for declaration that the said licence is illegal, etc. Hence t..Category: Business or Commercial Law | Date: | Hits: 282
Alam Ara Huq Vs. Govt. of Bangladesh and others, 1989, 18 CLC (HCD)
.... representaÂtion. As it appears that in the present case, four grounds i.e. the ground Nos.2-5 are vague, we are of the opinion that these vague grounds have rendered the entire order of detention illegal and unlawful." 6. It is stated by the petitioner that the order of the High Court Division ......judgment and order be transmitted to the Secretary, Ministry of Home AfÂfairs immediately for his perusal and necessary future action. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 98. ..Category: Criminal Law | Date: | Hits: 107
Abdul Aziz and others Vs. Sahajuddin Mollah and others, 1995, 24 CLC (HCD)
....ined this Rule. 7. Mr. Md. Azizul Hoq, the learned advocate appearing on behalf of the petitioners, submits that the appellate Court have categorically found that the learned Munsif committed an illegality in holding trial of the original suit which was beyond his pecuniary Jurisdiction and as su...... is an old case of 1984 the trial Court is hereby directed to complete die trial within 4 months positively on receipt of the record. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 164. ..Category: Property Law | Date: | Hits: 96
Government of Bangladesh Vs. Israt Jahan Kazal, 1995, 24 CLC (HCD)
....3. The opposite party instituted the title suit of against the petitioner for a declaration that the treating the suit property as abandoned one and granting lease of the same by the petitioner are illegal, void, without jurisdiction, inoperative and of no legal effect and, as such, the action of th......r interference by this Court. In the result, the Rule is discharged without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 161...Category: Property Law | Date: | Hits: 107
Rahmatullah Vs. State and another, 1995, 24 CLC (HCD)
....he role of an investigation Officer is that of a witness. If such an application is to be filed it ought to have been filed through the learned Public Prosecutor. But it appears that disregarding the legal position and the position of the police officials this, overzealous Assistant Superintendent o......accordingly discharged. The orders of stay passed earlier are hereby vacated. Sent down the lower Court records expeditiously. Ed This Case is also Reported in: 48 DLR (HCD) (1996) 158. ..Category: Criminal Law | Date: | Hits: 99
Mozibul Huque Vs. State and Others, 1996, 25 CLC (HCD)
....le to be stopped under the provisions of section 8(a) of the Criminal Law Amendment (Amendment) Act 1987 and the Divisional Special Judge having stopped the proceedings of the case on 4.11.89 acted illegally in receiving the case on 1.1.90. 4. Learned Assistant Attorney-General submitted that tri...... Court below which is directed to issue warrant of arrest against the accused persons for securing their production before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 146...Category: Procedural Law | Date: | Hits: 99
Syed Nazakat Hossain alias Ujjal Vs. State, 1995, 24 CLC (HCD)
.... 11. We have perused the impugned Judgment of the learned Additional Sessions Judge and found that he convicted the appellant on mere surmises and conjunction. Considering the aforesaid factual and legal position we find that the conviction and sentence under appeal cannot be maintained. These......acquitted thereof. Convict appellant Syed Nazakat Hossain alias Ujjal must be set at liberty at once if not wanted in and other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 139. ..Category: Criminal Law | Date: | Hits: 88
Abu Sama Vs. Abu Syed and others, 1995, 24 CLC (HCD)
....as plaintiffs have filed Other Suit No.182 of 1975 for declaration of their title and for further declaration that MRR Khatian prepared in the name of the defendants in respect of the suit land, is illegal and not binding upon the plaintiffs. Plaintiffs case briefly, may be stated that the suit land......, the Rule is discharged with costs all through against the petitioner. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 141...Category: Procedural Law | Date: | Hits: 124
Abdus Samad Azad and others Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....as Act No.27 of 1991 should not be declared to be void being inconsistent with the provision of the Constitution and should not be declared to have been passed without lawful authority and thus of no legal effect. 3. The two writ petitions filed by Mr. Moudud Ahmed, a Member of the Parliament,......1991 having not been before this Court, the impugned Ordinance having been withdrawn, that petition is disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 354. ..Category: Constitutional Law | Date: | Hits: 414
Mahbubur Rahman Vs. State, 1992, 21 CLC (HCD)
....rein it was, inter alia, observed as follows: "The Code of Criminal Procedure does not give any power to the Magistrate to declare the police report submitted under section 173 of the Code as illegal. All that the Code provides for is that on perusal of the police report, if the Magistrate is ......lication is allowed and the Rule made absolute. The impugned order dated 4.6.90 is hereby set aside. Stay stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 342. ..Category: Criminal Law | Date: | Hits: 78
SM Shafiul Azam and others Vs. Director of Labour and others, 1991, 20 CLC (HCD)
....€‘J to the petition and them upon initiation of Criminal Case No.10 of 1990 on the basis of Annexure‑M and issuance of the summons contained in Annexures‑L and L(1) should not be declared to be illegal, without jurisdiction and without lawful authority and are of no legal effect and why the said...... effect. Let the order passed by this court earlier staying the further proceeding of criminal case No.10 of 1990 be vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 582...Category: Labour and Industrial Law | Date: | Hits: 176
M M Rahmatullah Vs. State, 1992, 21 CLC (HCD)
....cted persons. The former President without verifying the truth of the statements and without taking steps for such verification passed order for giving allotment to those persons directly which was illegal. It was further alleged that no transfer could be made without construction on the land but in......cated. The learned Special Judge is directed to hold the trial expeditiously. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 576. ..Category: Criminal Law | Date: | Hits: 81
Lal Banu Bibi and others Vs. Nourjan Banu, 1986, 15 CLC (HCD)
....dvocates - For the Petitioners. Md. Ansar Ali, Advocate - For the Opposite Party. Civil Revision Case No.122 of 1982. Judgment Syed Fazle Ahmed J.- This Rule seeks to call in question the legality and propriety of the judgment and decree dated 21.6.82 passed by the learned Subordinate Ju......ded but no fresh evidence will be admitted. Cost will abide by the result of the suit. Send down the lower Court's records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 519...Category: Property Law | Date: | Hits: 134
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